Postal and Telecommunications Services Act, 1983

Penalties.

4.—(1) A person guilty of an offence under—

(a) section 45 of the Telegraph Act, 1863,

(b) section 6 of the Telegraph Act, 1869,

(c) section 11 of the Post Office (Protection) Act, 1884 ,

(d) section 53A (inserted by the Fourth Schedule ) or 62 of the Post Office Act, 1908 ,

(e) section 13 of the Post Office (Amendment) Act, 1951 , or

(f) section 37 , 63 , 84 , 87 , 98 or 99 of this Act,

shall be liable—

(i) on summary conviction, to a fine not exceeding £800 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.

(2) On conviction of a person on indictment for an offence to which subsection (1) relates the court may, in addition to any other penalty, order any apparatus, equipment or other thing used to commit the offence to be forfeited.

(3) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence to which subsection (1) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (1) (i) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(4) Where an offence to which subsection (1) relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.